Advance Care Directives Variation Regulations 2019 (SA)

South Australia

Advance Care Directives Variation Regulations 2019

under the Advance Care Directives Act 2013

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Advance Care Directives Regulations 2014

4            Insertion of regulation 12A

12A         Exemption from requirement to give effect to advance care directives

Part 1—Preliminary

1—Short title

These regulations may be cited as the Advance Care Directives Variation Regulations 2019.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Advance Care Directives Regulations 2014

4—Insertion of regulation 12A

After regulation 12 insert:

12A—Exemption from requirement to give effect to advance care directives

Pursuant to section 63(2)(a) of the Act, a health practitioner is exempt from complying with section 36(1) of the Act in respect of health care provided to a person where—

(a)the health practitioner believes on reasonable grounds that the person has attempted to commit suicide; and

(b)the health care is directly related to that attempt.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 11 July 2019

No 186 of 2019